Terms Used In Utah Code > Title 58 > Chapter 56 - Building Inspector and Factory Built Housing Licensing Act

• Adjudicative proceeding: means :
       (2)(a) an action by a board, commission, department, officer, or other administrative unit of the state that determines the legal rights, duties, privileges, immunities, or other legal interests of one or more identifiable persons, including an action to grant, deny, revoke, suspend, modify, annul, withdraw, or amend an authority, right, or license; and
       (2)(b) judicial review of an action described in Subsection (2)(a). See Utah Code 68-3-12.5
• Agritourism: means the same as that term is defined in Section 78B-4-512. See Utah Code 26B-7-401
• Agritourism food establishment: means a non-commercial kitchen facility where food is handled, stored, or prepared to be offered for sale on a farm in connection with an agritourism activity. See Utah Code 26B-7-401
• Agritourism food establishment permit: means a permit issued by a local health department to the operator for the purpose of operating an agritourism food establishment. See Utah Code 26B-7-401
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Certified food safety manager: means a manager of a food service establishment who:
       (9)(a) passes successfully a department-approved examination;
       (9)(b) successfully completes, every three years, renewal requirements established by department rule consistent with original certification requirements; and
       (9)(c) submits to the appropriate local health department the documentation required by Section 26B-7-412. See Utah Code 26B-7-401
• City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• Community location: means the same as that term is defined:
       (1)(a) as it relates to a municipality, in Section Utah Code 26B-7-501
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Contract: A legal written agreement that becomes binding when signed.
• Department: means the Department of Commerce. See Utah Code 58-1-102
• Director: means the director of the Division of Professional Licensing. See Utah Code 58-1-102
• Division: means the Division of Professional Licensing created in Section 58-1-103. See Utah Code 58-1-102
• Electronic cigarette: means the same as that term is defined in Section 76-10-101. See Utah Code 26B-7-501
• Electronic cigarette product: means the same as that term is defined in Section 76-10-101. See Utah Code 26B-7-501
• Electronic cigarette substance: means the same as that term is defined in Section 76-10-101. See Utah Code 26B-7-501
• Employee: means an employee of a tobacco retailer. See Utah Code 26B-7-501
• Escrow: Money given to a third party to be held for payment until certain conditions are met.
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Farm: means a working farm, ranch, or other commercial agricultural, aquacultural, horticultural, or forestry operation. See Utah Code 26B-7-401
• Food: means :
       (12)(a) a raw, cooked, or processed edible substance, ice, nonalcoholic beverage, or ingredient used or intended for use or for sale, in whole or in part, for human consumption; or
       (12)(b) chewing gum. See Utah Code 26B-7-401
• Food service establishment: means any place or area within a business or organization where potentially hazardous foods, as defined by the department under Section 26B-7-410, are prepared and intended for individual portion service and consumption by the general public, whether the consumption is on or off the premises, and whether or not a fee is charged for the food. See Utah Code 26B-7-401
• Fraud: Intentional deception resulting in injury to another.
• General tobacco retailer: means a tobacco retailer that is not a retail tobacco specialty business. See Utah Code 26B-7-501
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Licensee: includes any holder of a license, certificate, registration, permit, student card, or apprentice card authorized under this title. See Utah Code 58-1-102
• Local health department: means the same as that term is defined in Section 26A-1-102. See Utah Code 26B-1-102
• Local health department: means the same as that term is defined in Section 26A-1-102. See Utah Code 26B-7-501
• Manufacturer sealed electronic cigarette product: means :
       (11)(a) an electronic cigarette substance or container that the electronic cigarette manufacturer does not intend for a consumer to open or refill; or
       (11)(b) a prefilled electronic cigarette as that term is defined in Section 76-10-101. See Utah Code 26B-7-501
• Microenterprise home kitchen: means a non-commercial kitchen facility located in a private home and operated by a resident of the home where ready-to-eat food is handled, stored, prepared, or offered for sale. See Utah Code 26B-7-401
• Microenterprise home kitchen permit: means a permit issued by a local health department to the operator for the purpose of operating a microenterprise home kitchen. See Utah Code 26B-7-401
• Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
• Nicotine: means the same as that term is defined in Section 76-10-101. See Utah Code 26B-7-501
• Nicotine product: means the same as that term is defined in Section 76-10-101. See Utah Code 26B-7-501
• Non-tobacco shisha: means any product that:
       (14)(a) does not contain tobacco or nicotine; and
       (14)(b) is smoked or intended to be smoked in a hookah or water pipe. See Utah Code 26B-7-501
• Owner: means a person holding a 20% ownership interest in the business that is required to obtain a permit under this part. See Utah Code 26B-7-501
• Permit: means a tobacco retail permit issued under Section 26B-7-507. See Utah Code 26B-7-501
• Person: means :
       (24)(a) an individual;
       (24)(b) an association;
       (24)(c) an institution;
       (24)(d) a corporation;
       (24)(e) a company;
       (24)(f) a trust;
       (24)(g) a limited liability company;
       (24)(h) a partnership;
       (24)(i) a political subdivision;
       (24)(j) a government office, department, division, bureau, or other body of government; and
       (24)(k) any other organization or entity. See Utah Code 68-3-12.5
• Place of public access: means any enclosed indoor place of business, commerce, banking, financial service, or other service-related activity, whether publicly or privately owned and whether operated for profit or not, to which persons not employed at the place of public access have general and regular access or which the public uses, including:
       (17)(a) buildings, offices, shops, elevators, or restrooms;
       (17)(b) means of transportation or common carrier waiting rooms;
       (17)(c) restaurants, cafes, or cafeterias;
       (17)(d) taverns as defined in Section 32B-1-102, or cabarets;
       (17)(e) shopping malls, retail stores, grocery stores, or arcades;
       (17)(f) libraries, theaters, concert halls, museums, art galleries, planetariums, historical sites, auditoriums, or arenas;
       (17)(g) barber shops, hair salons, or laundromats;
       (17)(h) sports or fitness facilities;
       (17)(i) common areas of nursing homes, hospitals, resorts, hotels, motels, "bed and breakfast" lodging facilities, and other similar lodging facilities, including the lobbies, hallways, elevators, restaurants, cafeterias, other designated dining areas, and restrooms of any of these;
       (17)(j)

            (17)(j)(i) any child care facility or program subject to licensure or certification under this title, including those operated in private homes, when any child cared for under that license is present; and

            (17)(j)(ii) any child care, other than child care as defined in Section 26B-2-401, that is not subject to licensure or certification under this title, when any child cared for by the provider, other than the child of the provider, is present;
       (17)(k) public or private elementary or secondary school buildings and educational facilities or the property on which those facilities are located;
       (17)(l) any building owned, rented, leased, or otherwise operated by a social, fraternal, or religious organization when used solely by the organization members or the members' guests or families;
       (17)(m) any facility rented or leased for private functions from which the general public is excluded and arrangements for the function are under the control of the function sponsor;
       (17)(n) any workplace that is not a place of public access or a publicly owned building or office but has one or more employees who are not owner-operators of the business;
       (17)(o) any area where the proprietor or manager of the area has posted a conspicuous sign stating "no smoking" "thank you for not smoking" or similar statement; and
       (17)(p) a holder of a bar establishment license, as defined in Section 32B-1-102. See Utah Code 26B-7-501
• Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
• Property: includes both real and personal property. See Utah Code 68-3-12.5
• Publicly owned building or office: means any enclosed indoor place or portion of a place owned, leased, or rented by any state, county, or municipal government, or by any agency supported by appropriation of, or by contracts or grants from, funds derived from the collection of federal, state, county, or municipal taxes. See Utah Code 26B-7-501
• Ready-to-eat: means :
       (18)(a) raw animal food that is cooked;
       (18)(b) raw fruits and vegetables that are washed;
       (18)(c) fruits and vegetables that are cooked for hot holding;
       (18)(d) a time or temperature control food that is cooked to the temperature and time required for the specific food in accordance with rules made by the department in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; or
       (18)(e) a bakery item for which further cooking is not required for food safety. See Utah Code 26B-7-401
• real property: includes :
       (31)(a) land;
       (31)(b) a tenement;
       (31)(c) a hereditament;
       (31)(d) a water right;
       (31)(e) a possessory right; and
       (31)(f) a claim. See Utah Code 68-3-12.5
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Retail tobacco specialty business: means the same as that term is defined:
       (20)(a) as it relates to a municipality, in Section Utah Code 26B-7-501
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• Shisha: means any product that:
       (21)(a) contains tobacco or nicotine; and
       (21)(b) is smoked or intended to be smoked in a hookah or water pipe. See Utah Code 26B-7-501
• Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
• Smoking: means :
       (22)(a) the possession of any lighted or heated tobacco product in any form;
       (22)(b) inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, pipe, or hookah that contains:

            (22)(b)(i) tobacco or any plant product intended for inhalation;

            (22)(b)(ii) shisha or non-tobacco shisha;

            (22)(b)(iii) nicotine;

            (22)(b)(iv) a natural or synthetic tobacco substitute; or

            (22)(b)(v) a natural or synthetic flavored tobacco product;
       (22)(c) using an electronic cigarette; or
       (22)(d) using an oral smoking device intended to circumvent the prohibition of smoking in this part. See Utah Code 26B-7-501
• State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
• Summons: Another word for subpoena used by the criminal justice system.
• Tax commission license: means a license issued by the State Tax Commission under:
       (23)(a) Section 59-14-201 to sell a cigarette at retail;
       (23)(b) Section 59-14-301 to sell a tobacco product at retail; or
       (23)(c) Section 59-14-803 to sell an electronic cigarette product or a nicotine product. See Utah Code 26B-7-501
• Time or temperature control food: means food that requires time or temperature controls for safety to limit pathogenic microorganism growth or toxin formation. See Utah Code 26B-7-401
• Tobacco product: means :
       (24)(a) a tobacco product as defined in Section 76-10-101; or
       (24)(b) tobacco paraphernalia as defined in Section 76-10-101. See Utah Code 26B-7-501
• Tobacco retailer: means a person that is required to obtain a tax commission license. See Utah Code 26B-7-501
• United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
• Unprofessional conduct: means the same as that term is defined in Subsection 58-1-501(2). See Utah Code 58-1-102
• Writing: includes :
       (48)(a) printing;
       (48)(b) handwriting; and
       (48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5